Applying for a Work Permit

Work Permit Eligibility

A refugee claimant can receive an open work permit while waiting for the Immigration and Refugee Board (IRB) to decide the claim. An open work permit allows work for most employers in Canada without a job offer. IRCC's page While you wait for a decision on your claim states that a work permit is issued only if the claim was found eligible to be referred to the IRB and the claimant has passed the immigration medical exam.

The legal basis is section 206 of the Immigration and Refugee Protection Regulations (SOR/2002-227). It provides that a work permit may be issued to a foreign national in Canada who cannot support themself without working, if the person has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not yet been determined. In summary, the permit is available when:

• The claim has been found eligible and referred to the Refugee Protection Division of the IRB
• The IRB has not yet decided the claim
• The claimant cannot support themself without working (IRPR s. 206(1))
• The immigration medical examination has been passed

A work permit has an expiry date printed on it. IRCC states that a claimant must apply to extend the work permit before it expires. The permit does not automatically last for the whole claim or any appeal, so the expiry date needs to be tracked.

The Application Process

IRCC describes two routes to a work permit for a claimant:

The current forms and the online portal are set out on IRCC's website, and they change from time to time. The application asks for identity and contact details, information about the refugee claim, and the type of permit requested.

Required Documents

Applying for a work permit requires providing:

• •The work permit application: Either the work permit request inside the asylum claim or a separate application through IRCC's online system
• •Identity documents: Whatever passport, travel or identity documents the claimant has. Claimants often lack a passport; IRCC's guidance for claimants does not make a valid passport a stated condition of the work permit
• •Proof of the refugee claim: The Refugee Protection Claimant Document or the Confirmation of Referral and Notice to Appear letter showing that the claim was referred to the IRB
• •Medical exam: IRCC states the permit is issued only after the immigration medical examination has been passed. No job offer is needed for an open work permit
• •Fee: IRCC states there are no fees for an open work permit if the claim is eligible and the claimant is waiting for a decision. If the claim is found ineligible, a person may still be able to apply for a new open work permit, but then pays the non-refundable application fee

Processing times change; IRCC publishes current figures in its processing times tool. Work can begin once the work permit is received.

Getting Your SIN Number

A Social Insurance Number (SIN) is a nine-digit number that employers need in order to pay employees. IRCC advises claimants to apply for a SIN as soon as the work permit is received.

According to Service Canada's SIN application page:

1. A SIN application can be made online, by mail or in person at a Service Canada location
2. For a work permit holder, the primary document is the work permit issued by IRCC; a secondary document such as a passport or other government-issued identification showing legal name and date of birth is also required
3. There is no fee to apply for a SIN
4. For an in-person application, Service Canada states that if everything is in order the SIN is issued during the visit

The nearest Service Canada location and the SIN program contact details are listed on canada.ca.

Once the SIN is issued, it is given to the employer, who uses it to process pay and remit income tax and other deductions. Filing an annual tax return determines whether any deducted tax is refunded.

Finding Employment

An open work permit allows work for most employers in Canada without a job offer tied to the permit. Employment standards such as minimum wage, hours of work, vacation pay and workplace safety are set by the province or territory where the work is done and apply to employees there. Ways to find employment include:

• 1.Online job boards: Indeed, LinkedIn, Facebook Jobs, and local job websites
• 2.Employment agencies: Staffing agencies can help match you with jobs suitable to your skills
• 3.Settlement agencies: Many settlement organizations provide job training and placement support
• 4.Networking: Tell friends, family, and community members that you are looking for work
• 5.Direct applications: Apply directly to companies where you would like to work

Employers ask whether a candidate is authorized to work in Canada. A claimant with a valid open work permit can answer that they are authorized to work, and can show the permit if asked.

Example Work Permit Conversations

This shows language such as what you might encounter when applying for a work permit and discussing employment.

After Your Work Permit is Approved

Once you receive your work permit, you can begin working immediately. Important steps include:

Important Employment Tips

• •Keep the work permit safe: Employers may ask to see it, and it is needed for the SIN application and for any extension.
• •Know the rules: Each province and territory has an employment standards office that handles complaints about unpaid wages, hours and other standards.
• •Payroll matters: Being paid on the books, with deductions remitted, creates the records used for tax filing and for any later immigration application.
• •Income and other programs: Earned income can affect provincial social assistance or legal aid eligibility. Those programs set their own reporting rules.
• •Seek settlement support: Many settlement agencies offer job training, resume writing, and interview preparation specifically for newcomers.